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6.1.H. -Page 6 <br />APHIS -WS Agreement Number: 18 -7306 -5334 -RA <br />APHIS -WS Account Code (WBS): AP.RA.RX06.73.0672 <br />c. To provide qualified personnel and other resources necessary to implement the approved WDM activities <br />delineated in the Work and Financial Plan referenced in 3.a of this Agreement. <br />d. To bill the Cooperator for costs incurred in performing WDM activities as authorized in the approved annual Work <br />and Financial Plan as may be amended. <br />e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the Financial <br />Plan. USDA -APHIS -WS will cease providing goods or services until a revision to the Work and Financial Plan, as <br />appropriate, have been agreed to and signed by both parties to this Agreement. <br />f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the <br />accounts and records of USDA -APHIS -WS pertaining to such claims for reimbursement to the extent permitted by <br />Federal law and regulations. <br />ARTICLE 6 -•- CONTINGENCY STATEMENT <br />For costs borne by USDA -APHIS -WS, this agreement is contingent upon the passage of the Agriculture, Rural <br />Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally <br />met and shall not obligate USDA -APHIS -WS upon failure of Congress to so appropriate. This Agreement also may be <br />reduced or terminated if Congress provides USDA -APHIS -WS funds only for a finite period under a Continuing <br />Resolution. <br />ARTICLE 7 — NON-EXCLUSIVE SERVICE CLAUSE <br />Nothing in this agreement shall prevent any other country, State government or its political subdivisions, local <br />government, university, or college, organization, association, or individual from entering into separate agreements with <br />USDA -APHIS -WS for same or similar activities provided under the terms of this Agreement. <br />ARTICLE 8 — CONGRESSIONAL RESTRICTIONS <br />Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share <br />or part of this agreement or to any benefit to arise therefrom. <br />ARTICLE 9 — APPLICABLE REGULATIONS <br />All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and regulations. <br />This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this <br />agreement, APHIS provides goods or services on a cost recovery basis to nonfederal recipients. <br />ARTICLE 10 — LIABILITY <br />USDA -APHIS -WS assumes no liability for any actions or activities conducted under this agreement except to the extent <br />the recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 USC 1346(b), 2401(b), 2671- <br />2680). <br />ARTICLE 11— NON-DISCRIMINATION CLAUSE <br />The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of <br />race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, <br />religion, sexual orientation., genetic information, political beliefs, reprisal, or because all or part of an individual's income <br />is derived from any public assistance program. Not all prohibited bases apply to all programs. <br />REV: 05-30-18 RL 3 <br />ATTY/AGR/2018.113/UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) ANIMAL & PLANT HEALTH INSPECTION SERVICES (APHIS) WI <br />